{
  "id": 8499297,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SCOTT CARLBERG, Defendant-Appellant",
  "name_abbreviation": "People v. Carlberg",
  "decision_date": "1989-03-29",
  "docket_number": "No. 1\u201487\u20140448",
  "first_page": "819",
  "last_page": "821",
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "146 Ill. App. 3d 596",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
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  "last_updated": "2023-07-14T20:30:31.344826+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "FREEMAN, P.J., and WHITE, J., concur."
    ],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SCOTT CARLBERG, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE McNAMARA\ndelivered the opinion of the court;\nDefendant, Scott Carlberg, appeals from a trial court order denying his motion to amend the mittimus to grant him additional credit for time served in pretrial incarceration.\nOn December 15, 1982, defendant committed residential burglary. (Information No. 82 \u2014 500217.)\nOn February 22, 1983, defendant committed armed robbery, unlawful restraint, and unlawful use of a weapon. (Indictment No. 82\u2014 2513.)\nOn October 22, 1983, defendant was released by posting bond after spending 7 months and 27 days in custody.\nOn November 14, 1983, defendant committed the offense of possession of a stolen vehicle. (Case No. 83 \u2014 1\u20146167.) He remained in custody for 23 days, until December 6, 1983.\nOn January 24, 1984, defendant committed armed robbery. (Information No. 84 \u2014 1\u20141211.) He spent 64 days in jail prior to entering a plea of guilty.\nOn March 23, 1984, defendant pleaded guilty to the charged offenses and the trial court accepted the plea. Defendant indicated he understood his sentences of eight years would run concurrently. Defendant asked the trial court whether he would get credit for the 10 months served and the court replied: \u201cYou get credit for that. You get credit for the ten months you have been in jail.\u201d\nLater, the court formally pronounced sentences of eight years for each of the separate cases, sentences to run concurrently. The court order reads that the No. 84 \u2014 1\u20141211 sentence was to \u201crun concurrent with 83 \u2014 2513 and 83 \u2014 500217. Defendant given credit for time served while awaiting trial.\u201d\nThe Department of Corrections subsequently indicated the only time credited against the No. 84 \u2014 1\u20141211 case would be the 64 days spent in jail between defendant\u2019s January 24 arrest and March 23 plea date. The time periods of 23 days and of 7 months, 27 days spent in jail following the prior arrests would not be credited against the No. 84 \u2014 1\u20141211 eight-year sentence.\nOn January 28, 1987, defendant moved to amend the mittimus, arguing that the full 10 months\u2019 credit should also apply to No. 84\u2014 1 \u2014 1211. The trial court denied the motion, finding that defendant could not receive credit in No. 84 \u2014 1\u20141211 for time served prior to the commission of the No. 84 \u2014 1\u20141211 offense.\nUnder the relevant statutes, credit shall be given on the determinate sentence or maximum term for time spent in custody \u201cas a result of the offense for which the sentence was imposed,\u201d and where defendant was \u201carrested on one charge and prosecuted on another charge for conduct which occurred prior to his arrest,\u201d he shall receive credit for the \u201ctime spent in custody under the former charge not credited against another sentence.\u201d Ill. Rev. Stat. 1985, ch. 38, pars. 1005 \u2014 8\u20147(b), (c).\nAccordingly, jail time spent under the 1983 charges cannot be credited against his sentence for the 1984 charge which had not yet been committed. (See People v. Cooper (1986), 146 Ill. App. 3d 596, 601, 497 N.E.2d 157.) Thus, the credit under No. 84 \u2014 1\u20141211 was properly restricted to the time between his January 25, 1984, arrest and March 23, 1984, entry of a guilty plea. The trial court\u2019s holding is consistent with the statute under which the court granted credit. Defendant\u2019s sentence has been properly credited.\nFor the foregoing reasons, the order of the circuit court of Cook County denying defendant\u2019s motion to correct mittimus is affirmed.\nOrder affirmed.\nFREEMAN, P.J., and WHITE, J., concur.",
        "type": "majority",
        "author": "JUSTICE McNAMARA"
      }
    ],
    "attorneys": [
      "Michael J. Pelletier and Gordon H. Berry, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.",
      "Richard M. Daley, State\u2019s Attorney, of Chicago (Inge Fryklund, James E. Fitzgerald, and Pradeep Y. Roy-Singh, Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SCOTT CARLBERG, Defendant-Appellant.\nFirst District (3rd Division)\nNo. 1\u201487\u20140448\nOpinion filed March 29, 1989.\nMichael J. Pelletier and Gordon H. Berry, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nRichard M. Daley, State\u2019s Attorney, of Chicago (Inge Fryklund, James E. Fitzgerald, and Pradeep Y. Roy-Singh, Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0819-01",
  "first_page_order": 841,
  "last_page_order": 843
}